78R8934 BDH-F


By:  Eissler, et al.                                              H.B. No. 1022

Substitute the following for H.B. No. 1022:                                   

By:  Eissler                                                  C.S.H.B. No. 1022



A BILL TO BE ENTITLED

AN ACT

relating to employment status and contract entitlements of public 
school educators who fail to obtain appropriate certification.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 21, Education Code, is 
amended by adding Section 21.0031 to read as follows:
	Sec. 21.0031.  FAILURE TO OBTAIN CERTIFICATION; CONTRACT 
VOID.  (a)  An employee's probationary, continuing, or term 
contract under this chapter is void if the employee:
		(1)  does not hold a certificate or permit issued by the 
State Board for Educator Certification; or
		(2)  fails to fulfill the requirements necessary to 
extend the employee's temporary or emergency certificate or permit.
	(b)  On the date on which an employee's contract is void 
under Subsection (a):
		(1)  a school district may:                                            
			(A)  terminate the employee;                                          
			(B)  suspend the employee with or without pay; or                     
			(C)  retain the employee for the remainder of the 
school year on an at-will employment basis in a position other than 
classroom teacher at the employee's existing rate of pay or at a 
reduced rate; and
		(2)  the employee is not entitled to the minimum salary 
prescribed by Section 21.402.
	(c)  A school district's decision under Subsection (b) is not 
subject to appeal under this chapter, and Sections 21.206 and 
21.207 do not apply to the decision.
	(d)  This section does not affect the rights and remedies of 
a party in an at-will employment relationship.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to a contract entered into by a school district and an 
educator on or after that date.